BILL NUMBER: SB 681	CHAPTERED  09/16/99

	CHAPTER   421
	FILED WITH SECRETARY OF STATE   SEPTEMBER 16, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 16, 1999
	PASSED THE SENATE   AUGUST 31, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	AMENDED IN ASSEMBLY   JULY 8, 1999
	AMENDED IN ASSEMBLY   JUNE 9, 1999
	AMENDED IN ASSEMBLY   JUNE 1, 1999
	AMENDED IN SENATE   APRIL 20, 1999
	AMENDED IN SENATE   APRIL 5, 1999

INTRODUCED BY   Senator Speier

                        FEBRUARY 24, 1999

   An act to amend Sections 20002 and 23113 of the Vehicle Code,
relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 681, Speier.  Vehicles:  accidents:  clearing highway.
   (1) Existing law requires the driver of any vehicle involved in an
accident resulting in damage to any property, including vehicles, to
immediately stop the vehicle at the scene of the accident.
   This bill would recast that provision to instead  allow a driver
involved in an accident resulting only in damage to any property to
move the vehicle, if possible, off the main lanes of the highway to a
safe location within the immediate vicinity of the accident unless
that action would create a traffic hazard or cause injury to any
person.  The bill would specify that moving the vehicle in accordance
with this provision does not affect the question of fault.
   (2) Existing law authorizes, under certain circumstances, the
governmental agency responsible for the maintenance of a street or
highway on which certain material has been deposited to remove the
material and collect, by civil action, if necessary, the actual cost
of the removal operation in addition to any other damages authorized
by law from the person made responsible for depositing the material.
Existing law authorizes a member of the Department of the California
Highway Patrol to direct a responsible party to remove the certain
aggregate material from a highway when that material has escaped or
been released from a vehicle.
   Existing law provides that a public entity is liable for injury
proximately caused by an act or omission of an employee of the public
entity within the scope of his or her employment if the act or
omission would, apart from this provision, have given rise to a cause
of action against that employee.
   This bill would provide that the government agency, the
department, or the employees or officers of those agencies, may not
be held liable for any damage to material, to cargo, or to personal
property caused by a negligent act or omission of the employee or
officer when the employee or officer is acting within the scope and
purpose of the provisions specified above authorizing removal of
materials from the highway.  The bill would specify that nothing in
this provision affects the establishment of liability for gross
negligence or willful misconduct purposes, and that these provisions
apply to the negligent performance of a ministerial act and does not
affect liability under any provision of law.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 20002 of the Vehicle Code is amended to read:
   20002.  (a) The driver of any vehicle involved in an accident
resulting only in damage to any property, including vehicles, may
move the vehicle, if possible, off the main lanes of the highway to a
safe location within the immediate vicinity of the accident unless
that action would create a traffic hazard or cause an injury to any
person.  Moving the vehicle in accordance with this subdivision does
not affect the question of fault.  The driver shall also do either of
the following:
   (1) Locate and notify the owner or person in charge of that
property of the name and address of the driver and owner of the
vehicle involved and, upon locating the driver of any other vehicle
involved or the owner or person in charge of any damaged property,
upon being requested, present his or her driver's license, and
vehicle registration, to the other driver, property owner, or person
in charge of that property.  The information presented shall include
the current residence address of the driver and of the registered
owner.  If the registered owner of an involved vehicle is present at
the scene, he or she shall also, upon request, present his or her
driver's license information, if available, or other valid
identification to the other involved parties.
   (2) Leave in a conspicuous place on the vehicle or other property
damaged a written notice giving the name and address of the driver
and of the owner of the vehicle involved and a statement of the
circumstances thereof and shall without unnecessary delay notify the
police department of the city wherein the collision occurred or, if
the collision occurred in unincorporated territory, the local
headquarters of the Department of the California Highway Patrol.
   (b) Any person who parks a vehicle which, prior to the vehicle
again being driven, becomes a runaway vehicle and is involved in an
accident resulting in damage to any property, attended or unattended,
shall comply with the requirements of this section relating to
notification and reporting and shall, upon conviction thereof, be
liable to the penalties of this section for failure to comply with
the requirements.
   (c) Any person failing to comply with all the requirements of this
section is guilty of a misdemeanor and, upon conviction thereof,
shall be punished by imprisonment in the county jail not exceeding
six months, or by a fine not exceeding one thousand dollars ($1,000),
or by both that imprisonment and fine.
  SEC. 2.  Section 23113 of the Vehicle Code is amended to read:
   23113.  (a) Any person who drops, dumps, deposits, places, or
throws, or causes or permits to be dropped, dumped, deposited,
placed, or thrown, upon any highway or street any material described
in Section 23112 or in subdivision (d) of Section 23114 shall
immediately remove the material or cause the material to be removed.

   (b) If the person fails to comply with subdivision (a), the
governmental agency responsible for the maintenance of the street or
highway on which the material has been deposited may remove the
material and collect, by civil action, if necessary, the actual cost
of the removal operation in addition to any other damages authorized
by law from the person made responsible under subdivision (a).
   (c) A member of the Department of the California Highway Patrol
may direct a responsible party to remove the aggregate material
described in subdivision (d) of Section 23114 from a highway when
that material has escaped or been released from a vehicle.
   (d) Notwithstanding any other provision of law, a government
agency described in subdivision (b), the Department of the California
Highway Patrol, or the employees or officers of those agencies, may
not be held liable for any damage to material, to cargo, or to
personal property caused by a negligent act or omission of the
employee or officer when the employee or officer is acting within the
scope and purpose of subdivision (b) or (c).  Nothing in this
subdivision affects liability for purposes of establishing gross
negligence or willful misconduct.  This subdivision applies to the
negligent performance of a ministerial act, and does not affect
liability under any provision of law, including liability, if any,
derived from the failure to preserve evidence in a civil or criminal
action.
